Comm3310Comm3310October 3, 2013

TeslaTesla

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WFAA - TGI FridaysWFAA - TGI Fridays

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Liability - DefinitionLiability - Definition

one of the most significant words in the field of law, liability means legal responsibility for one's acts or omissions

Liability - DefinitionLiability - Definition

This requires evidence of the duty to act, the failure to fulfill that duty and the connection (proximate cause) of that failure to some injury or harm to the plaintiff.

Libel or SlanderLibel or Slander

the act of making untrue statements about another which damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander.

Libel per seLibel per se A statement that falsely: Charges any person with crime, or with having

been indicted, convicted, or punished for crime; Imputes in him the present existence of an

infectious, contagious, or loathsome disease; Tends directly to injure him in respect to his office,

profession, trade or business, either by imputing to him general disqualification in those respects that the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

Imputes to him impotence or a want of chastity.

Trade LibelTrade Libel

Trade libel is defamation against the goods or services of a company or business. For example, saying that you found a severed finger in a particular company's chili (if it isn't true).

NegligenceNegligence

Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonable prudent person acting under similar circumstances.

NegligenceNegligence

In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant had a duty to the plaintiff, the defendant breached that duty by failing to conform to the required standard of conduct, the defendant’s negligent conduct was the cause of the hard to the plaintiff, and the plaintiff was, in fact, harmed or damaged.

Media EmergenciesMedia Emergencies

Media EmergenciesMedia Emergencies

Media EmergenciesMedia Emergencies

Media EmergenciesMedia Emergencies

The Wrong WayThe Wrong Way

OABA VideoOABA Video

Libel vs. OpinionLibel vs. Opinion

Generally, the non-libelous examples are hyperbole or opinion, while the libelous statements are stating a defamatory fact.

Libel or Free Speech?Libel or Free Speech?

Southwest AirlinesSouthwest Airlines

Uncomfortable seats, dirty planes, lousy meals, ugly flight attendants

Southwest AirlinesSouthwest Airlines

Conspires with other airlines to set fares, skips FAA mandated safety checks

Baseball PlayerBaseball Player

Doesn’t live up to his hype

Overpaid Should be in the

minor leagues Cost team the last

three games Cost the team the

World Series

Baseball PlayerBaseball Player

Uses steroids to enhance his game

Sells steroids to other players

Cheated to pass his drug teat

Zhu Zhu PoisonZhu Zhu Poison

Zhu Zhu Hamsters May Pose Health RiskCalifornia Consumer Group says Toys Contain Toxic Chemical Antimony

Good GuideGood Guide

“If these toys aren’t even meeting the legal standards in the U.S. then I would say that it isn’t worth the risk for me to bring it into my household.”Dara O’Rourke Good Guide

Star JonesStar Jones

Star JonesStar Jones

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